- Business in Poland -
Defamation – when words damage reputation and how to respond legally?
Defamation is the act of alleging that another person, group of persons, institution, legal entity or organisational unit without legal personality has engaged in conduct, or has characteristics, that may lower them in public opinion or expose them to the loss of trust required for a given position, profession or type of activity. This definition is set out in Article 212 of the Polish Criminal Code [1]. In practice, it covers statements, publications, online posts, letters or other communications that harm reputation and may have real consequences in private or professional life.
For entrepreneurs, board members, managers and institutions, the issue is not only reputational. Defamation may lead to the loss of contracts, weakened relationships with banks, employee departures, compliance problems and disputes with business partners. From the perspective of the defamed party, it is important to quickly assess whether there has been an infringement of personal rights, a criminal offence, or both at the same time.
What is defamation under Article 212 of the Polish Criminal Code?
Article 212 of the Polish Criminal Code criminalises defamation if specific statutory conditions are met. Not every critical opinion will constitute a prohibited act. The key question is whether the statement attributes specific facts or characteristics that may objectively harm reputation. Examples include allegations of business dishonesty, corruption, acting to the detriment of a company, workplace bullying or falsifying documents.
The provision covers both oral statements and content published in the media, correspondence, reports or online. If defamation is committed through means of mass communication, liability is more severe [1]. This is particularly important in the case of press publications, social media posts, comments on industry portals and video materials.
In a business context, the question often arises whether true information can also create legal risk. The answer depends on the facts of the case and on whether the conditions for excluding criminal liability are met. The Polish Criminal Code provides for exceptions that require careful legal assessment.
Defamation under the Criminal Code - when does criticism become unlawful?
Defamation under the Criminal Code must be distinguished from permissible criticism, evaluation and public debate. A negative opinion alone does not always amount to defamation. The risk increases when a statement:
- attributes specific reprehensible conduct or characteristics,
- is presented as a fact rather than a subjective opinion,
- may reduce professional or social credibility,
- reaches at least one third party.
In practice, the line between opinion and a statement of fact can be thin. The statement "the company acts unethically" may be an opinion, but the statement "the company falsifies financial statements" is factual in nature and requires strong evidence. In reputation cases, what matters is not only the content of the statement, but also its context, form, publication reach and whether the person or entity can be identified.
More information on reputation protection, media and infringements of personal rights can be found in the area of personal rights and media law.
Exceptions and circumstances excluding liability
Liability for defamation is not absolute. The Polish Criminal Code provides for situations in which an allegation does not constitute a criminal offence. This primarily concerns the cases specified in Article 213 of the Criminal Code [1].
- There is no offence under Article 212 § 1 of the Criminal Code if a non-public allegation is true.
- No offence is committed by a person who publicly raises or disseminates a true allegation:
- concerning the conduct of a person performing a public function, or
- serving to defend a socially justified interest.
These exceptions require detailed analysis. A mere belief that an allegation is true is not sufficient. It is important whether evidence exists, what the purpose of the statement was, to whom it was addressed and whether it genuinely served to protect a legitimate interest. In corporate and employment matters, this assessment can be particularly complex.
Defamation penalty - what can the perpetrator face?
An act under Article 212 § 1 of the Polish Criminal Code is punishable by a fine or restriction of liberty. If the perpetrator commits defamation through means of mass communication, Article 212 § 2 of the Criminal Code provides for a fine, restriction of liberty or imprisonment for up to one year [1]. The court may also award a monetary payment to the injured party, the Polish Red Cross or another social purpose indicated by the injured party. This is the basic scope of the defamation penalty in criminal proceedings.
Regardless of criminal liability, civil claims may also be pursued for infringement of personal rights. The legal basis is provided by Articles 23 and 24 of the Polish Civil Code [2]. The injured party may demand, among other things:
- cessation of the infringement,
- removal of the effects of the infringement, including an apology,
- monetary compensation or payment of an appropriate amount for a specified social purpose,
- damages if financial loss has occurred.
In the case of press publications, the provisions of the Polish Press Law are also relevant, especially those concerning journalistic diligence and reliability, as well as the right to authorisation and correction [3].
Defamation lawsuit - what does the legal response look like?
A defamation lawsuit in criminal matters is, as a rule, pursued by private prosecution. This means that the injured party files a private indictment with the court. In practice, before submitting the pleading, it is advisable to secure evidence. This is particularly important for online content, which can be quickly deleted or modified.
Typical steps include:
- establishing the content, date and reach of the publication,
- securing screenshots, recordings, correspondence and witness details,
- assessing whether it is justified to demand removal of the infringement and publication of an apology,
- deciding whether to pursue criminal proceedings, civil proceedings or both in parallel.
In business disputes, litigation alone is often not enough. Crisis management, communication with stakeholders, analysis of disclosure obligations towards authorities or the market, and measures to limit further reputational damage may also be required. Information about the law firm's experience in similar areas can be found on the KKZ website.
How to assess whether reputation has been infringed?
At the initial assessment stage, it is worth answering several questions:
- has a specific person, company or institution been identified,
- does the statement attribute facts rather than merely express opinions,
- can the allegation reduce the trust required to perform a function or conduct business,
- is there evidence that the statement is true,
- was the publication public and what was its reach.
In employment and corporate relationships, particular tensions arise between the duty to report irregularities and the risk of making hasty accusations. Each case requires separating facts from interpretations and verifying whether the statement falls within the legal protection available to whistleblowers, employees, the media or participants in public debate. This material is for information purposes only and does not constitute legal advice.
If a statement causes real reputational or business consequences, it may be advisable to promptly organise an evidence and litigation strategy and, if necessary, have the situation analysed by the law firm's team after making contact through the contact form.
FAQ - defamation
Does defamation apply only to individuals?
No. Article 212 of the Polish Criminal Code also covers groups of persons, institutions, legal entities and organisational units without legal personality [1]. A company may also be an injured party.
Can an online post constitute defamation?
Yes. A comment, post, video or online publication may meet the elements of an offence under Article 212 of the Criminal Code, especially when it is available to other people and harms reputation.
What is the penalty for defamation?
An act under Article 212 § 1 of the Polish Criminal Code is punishable by a fine or restriction of liberty. If defamation is committed through means of mass communication, it is punishable by a fine, restriction of liberty or imprisonment for up to one year, and the court may also award a monetary payment [1].
Does a true allegation always exclude liability?
Not always. What matters is whether the allegation was raised publicly or non-publicly, whether it is true and - in the case of public action - whether it concerns a person performing a public function or serves to defend a socially justified interest [1].
Can criminal and civil proceedings be brought in parallel?
Yes. Criminal liability for defamation does not exclude pursuing protection of personal rights under the Polish Civil Code [2].
What evidence is most important in a defamation case?
The key evidence usually includes screenshots, recordings, copies of publications, witness details, correspondence and documents confirming the effects of the infringement, such as the loss of a contract or deterioration of professional standing.
Bibliography
[1] Act of 6 June 1997 - Polish Criminal Code, in particular Articles 212 and 213.
[2] Act of 23 April 1964 - Polish Civil Code, in particular Articles 23, 24 and 448.
[3] Act of 26 January 1984 - Polish Press Law.
[4] Constitution of the Republic of Poland of 2 April 1997, in particular Articles 47 and 54.
[5] Case law of the Constitutional Tribunal, the Supreme Court and the European Court of Human Rights concerning the relationship between the protection of reputation and freedom of expression, available in public case law databases.
Author: adw. Maciej Zaborowski, Managing Partner
E-mail: m.zaborowski@kkz.com.pl
